Judge orders DCS files turned over in Perry case

Date: 2009-01-23

Couple, daughter facing charges of child abuse

TAVIA D. GREEN
The Leaf-Chronicle

At special set motions hearing Thursday in a child rape and torture case, a Montgomery County judge ordered prior DCS files handed over to defense attorneys who are looking for patterns of other accusations from the alleged victims.

Windie Perry, 51, her husband Earnest L. Perry, 65, and their adopted daughter Elizabeth Perry, 20, are accused of inflicting "heinous, atrocious and cruel" acts of abuse that amounted to "torture" on two adopted children, according to court records.

All three have been charged with eight counts of aggravated child abuse. Windie and Elizabeth Perry also face two counts of rape of a child and two counts of aggravated rape.

On Thursday, Judge John H. Gasaway heard motions concerning forensic interviews of the children and state Department of Children Services files.

The prosecutor is Kimberly Lund, assistant district attorney. The defense includes Collier Goodlett, who represents Earnest Perry; J. Runyon III, who represents Windie Perry; and Greg Smith, who represents Elizabeth Perry.

Concerning DCS records that include the names, addresses and phone numbers of the alleged victims' former foster families, Runyon said the victims, who were sisters, had been in and out of foster homes after being taken from their biological mother. Runyon said reviewing the DCS records would allow defense attorneys to look at any patterns and investigate any other potential allegations.

Goodlett brought out an allegation that one of the victims said her sister had beaten her. Goodlett said former foster parents could offer insight into child abuse allegations.

Gasaway ordered all records from DCS turned over to the court.

The Leaf-Chronicle does not identify victims of possible sex abuse.

In the matter of the forensic interview, Lund argued that the victims were to testify at trial, and defense attorneys were not entitled to the interview, which is given at the Child Advocacy Center.

Gasaway denied the motion granting the forensic interview to be turned over.

Other motions will be heard at upcoming special set days.

One motion is for the victims to testify by closed-circuit TV and will be addressed closer to trial.

The trial, originally set for April 20, has been reset to Sept. 21.

Gasaway said a week would be scheduled to hear the trial, which is projected to be lengthy.

Discussion on a sequestered jury and change of venue will be discussed at a later court date.

Tavia D. Green covers crime and courts for The Leaf-Chronicle. She can be reached at 245-0742 or by e-mail at taviagreen@theleafchronicle.com.

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